Terms & Conditions

Terms & Conditions

1. Definitions

“Client Software” means software provided to the service subscriber related to the Online Service.
“Content” is all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials of the service subscriber uploaded in the server of the FeetPort.
“Service Subscriber” means “you/ or the entity or the user” that has entered this agreement and/or includes the User accessing the said Online Subscription Services
“Affiliate” means any legal entity that a party owns, that owns a party, or that is under its common ownership.
“License” means the rights granted by FeetPort to copy, install, use, access, display, run and/or otherwise interact with the Online Service and/or Client Software, as applicable.
“Online Subscription Service” means the online service available under this agreement, as offered on the Portal designed by FeetPort.
“Online Subscription Services Use Rights” means the use rights for FeetPort as in this agreement and/or as additionally mentioned at alternate site that FeetPort informs to you.
“Order” means an order for availing the Online Subscription Services of FeetPort vide the Portal.
“SLAs” means service level agreements representing commitments FeetPort makes about individual Online Services.
“Subscription” means the part of the Order identifying the specific Online Service being ordered and may include the quantity, type.
“Term” means the duration of a Subscription.

2. License grant — What you as a “Service Subscriber” is licensed to use

2.1 General

FeetPort grants the service subscriber a license for the subscription period chosen by the service subscriber a nonexclusive, nontransferable, non-perpetual license to use the Online Subscription Services. If the service subscriber has paid the license fee for a single user account license, this Agreement permits you to access the Online Subscription Services as a single user with an ID on any single computer/mobile, based on the type of license Web/mobile. If the service subscriber has subscribed to multiple licenses for the FeetPort Online Subscription Services, then at any time you may have as many user login ID’s as subscribed for. The ability to use Online Subscription Services here may be affected by minimum system requirements or other factors. FeetPort reserves all rights not expressly granted.

2.2 Client Software

In some cases, you may need to install Client Software (such as a mobile application) to access and use the Service.

2.3 Limitations on use

You shall not reverse engineer, decompile or disassemble, modify any Online Subscription Service or Client Software. You shall not rent, lease, sub-license, lend, resell, or host to or for third parties any Online Subscription Service or Client Software, except as expressly permitted for a given purpose. The Service Subscriber shall not use the Online Subscription Services software or Client Software to develop any application having the same primary function as that of the Online Subscription Services and/or Client Software.

2.4 Online Service Offerings

FeetPort provides multiple options to obtain Online Subscription Services, which can generally be categorized as follows:

2.4.1 Regular Subscription

The service subscriber can opt for a regular subscription where they may subscribe on a month-to-month basis for a specified number of Users. The subscription money payable in this option would be as per the published per month User fee discussed in the quotation, where the billing would be at the end of each month. The Service Subscriber agrees to payment of usage charges within seven (7) days of receipt of the billing invoice. In this option the first month fee is pro -rated in the event of the subscription commencing on any day other than the 1st day of the month. The subscription is auto-renewable monthly unless expressly determined by the Service Subscriber in writing

2.4.2 Committed Offering or Subscription

The service subscriber commits in advance to purchase a specific quantity (viz. Number of users) of Online Subscription Services for use

during a Term. He pays in advance for the Online Subscription Services on a periodic basis, such as a quarterly, half yearly, annually, and in advance and a special discount may be provided on this subscription. The payment for the committed

subscriptions: In this subscription, the service subscriber will submit the payment in advance for any available period out of the three options i.e. 4 Months, 6 Months, 12 Months. A special discount will be provided on the recurring cost in this model 5% on quarterly, 7% half yearly, 10% annually.

2.5 Integration

Depending on the services subscribed, in such process of integration FeetPort will allow the service subscriber only to upload/download content on/from the specified servers. FeetPort however in no event shall be held liable or responsible for any issues relating to the content including any data loss, security or distortion to the contents so uploaded. Further the service subscriber agrees that the content so uploaded shall not violate any third party Intellectual Property Rights including those of FeetPort. FeetPort in its discretion is at liberty to censor, remove, alter any uploaded content that is objected to by the other users and violates of the Offensive Material Policy. In the event of it being brought to the notice of FeetPort that the content so uploaded is in contra (in violation or against the spirit) with the “Offensive Material Policy” FeetPort reserves the right to immediately block such content and shall notify the service subscriber of the same accordingly.

2.6 Content

Additionally, it is agreed that the service subscriber is responsible for their content. They are legally responsible for “Content uploaded, posted or stored through your use of the Services. You grant FeetPort a worldwide, royalty-free, non-exclusive license to host and use the Content to provide you the Online Subscription Services. You agree not use the Online Subscription Services for any illegal purpose or in violation of any applicable local, state, federal or international law. You are encouraged to archive your Content regularly and frequently. FeetPort is not responsible for any Content that may be lost or unrecoverable through your use of the Online Subscription Services on the portal in case of any disaster. However, we back up your data at regular intervals to avoid any data loss and before any fatal error in machine an additional backup is done automatically irrespective of the regular backups. You expressly agree that you will not use the Online Subscription Services to share, store, or in any way distribute financial data that is not in accordance with the law. Any Users suspected of having information which involves fraud, embezzlement, money laundering, insider trading, support for terrorism, or any other activity proscribed by law are liable to have their accounts terminated, their data erased, and may be reported to law enforcement officials in the appropriate jurisdictions.

2.7 Community forums

The Online Subscription Services may include a community forum/ social platforms to exchange information with other users of the said services and the public. Please use etiquette and respect sentiments when you interact with other users. FeetPort does not support and is not responsible for the accuracy of others’ content in these community forums. You may not reveal information in the community forum that you do not want to be public. Users may post hypertext links to content hosted and maintained by third parties for which FeetPort is not responsible. You further agree to receive these updates automatically as part of the Online Subscription Services.

2.8 Permitted disclosures and use of Data / Content

You acknowledge and agree that in order to provide access to and use of the Client Software and Online Subscription Services, FeetPort may provide your Access Information and Account Data to: (i) your employee or agent who is identified in the Registration Data as the current system administrator for the your account, (ii) such other employee or agent who may be designated by you as a replacement administrator for the your account by following the procedures required by FeetPort to effectuate such replacement, and (iii) any other person identified as an authorized user of the Client Software in the set-up form or in any subsequent communication to us. Field location tracking data may not be available on the admin console if user has disabled the location settings on his mobile, if the phone is switched, if the phone has no network availability on his mobile device

2.9 Using the feedback

You agree that FeetPort may use your feedback, suggestions, or ideas in any way, including in future modifications of the Online Subscription Services, other products or services, advertising or marketing materials. You grant FeetPort a perpetual, worldwide, fully transferable, sub-licensable, non-revocable, fully paid-up, royalty free license to use the feedback in any manner.

3. Ordering, Pricing, Payments, Renewals, and Taxes.

3.1 Ordering

Online Subscription Services added to a Subscription will expire at the end of the Term. Each Subscription shall be for a defined Term (e.g., 30 days or 12 months). You may place Orders for its Affiliates under this agreement and grant its Affiliates administrative rights to manage their Online Subscription Services. Affiliates may not place Orders under this agreement.

3.2 Prices and Invoices

For regular subscription, you will be charged on the highest number of license ever activated but not deleted from the system. The service subscriber must intimate the FeetPort team to delete the user account if it’s not required else irrespective of the usage available or not it will be charged.
For Committed Offerings (also referred as Committed Subscription in this agreement), the price level may be based on the service subscriber’s aggregate purchase of a given Online Service Subscription. The service subscriber’s price level may be adjusted if the size of the Subscription is increased during the Term and the service subscriber qualifies for a different price level. The service subscriber is also chargeable based on the number of active users during a given Term. It is mutually agreed that “active” means and refers that the user is marked as ‘active’ in the application at any point of time during the Term. Price level changes are not retroactive. Any resulting change in the payment due for that Subscription will be pro-rated. Prices for each price level are fixed at the time the Subscription is first placed and shall apply throughout the Term. Prices and price levels are subject to change at the beginning of any Subscription renewal. Cell tower tracking is not inclusive of the cost which is shared in a quotation for general GPS based tracking. If the service subscriber opts for cell tower tracking, then extra charges will be levied by the FeetPort team. The location tracking of employees by default in FeetPort will be done using GPS/Internet only until and unless the service subscriber subscribes to a separate cell tower location service with some separate cost associated to it.

2.3 Limitations on use

You shall not reverse engineer, decompile or disassemble, modify any Online Subscription Service or Client Software. You shall not rent, lease, sub-license, lend, resell, or host to or for third parties any Online Subscription Service or Client Software, except as expressly permitted for a given purpose. The Service Subscriber shall not use the Online Subscription Services software or Client Software to develop any application having the same primary function as that of the Online Subscription Services and/or Client Software.

4. Term, Suspension, Cancellation & Termination.

4.1 Agreement term and termination

This agreement will remain in effect unless it is terminated by either party in writing with thirty (30) days’ prior written notice and subject to the terms of this Section. For Committed Offerings, termination will merely terminate the right to renew Subscript ions under an existing Order or place new Orders for additional Online Subscription Services under this agreement. Termination will not affect any Subscription not otherwise cancelled or terminated and this agreement shall remain in effect for such Subscription for the remainder of the Term.

4.2 Cancellation of a Subscription by You

For Regular Subscriptions that are renewed on a monthly basis, the service subscriber can cancel the subscription on or before the last day of any calendar month. On such cancellation, the service subscriber is obligated to pay for the Online Subscription Services until the last day of the month in which the subscription is cancelled.

5. ADDITIONAL TERMS YOU AGREE TO

5.1 No professional advice

FeetPort is not in the business of providing legal, financial, accounting, health care, real estate or other professional services or advice. Consult the services of a competent professional when you need this type of assistance.

5.2 We may tell you about other services

You may be offered other services, features, products, applications, online communities, or promotions provided by FeetPort. If you decide to use any of these services, additional terms and conditions and separate fees may apply. You acknowledge that in accessing some additional services you may upload or enter data from your account(s) such as names, addresses and phone numbers, purchases, and sales among others, to the Internet. You grant FeetPort permission to use information about your business and experience to help us to provide the services to you, including updating and maintaining your data, addressing errors or service interruptions, and enhancing the types of data and services FeetPort may provide to you in the future. You grant us permission to combine your business data, if any, with that of others in a way that does not identify you or any individual personally. We may use this data to improve services and to compare business practices with other company standards. We may use your data to create, market or promote new offerings to you and others. By this you also grant us permission to share or publish summary results relating to research data and to distribute or license such data to third parties who are involved by the system i.e. FeetPort to give you the additional/ basic feature in software.

5.3 We may tell you about third party products or services

You may be offered products or services by third parties who are not affiliated with us (“Third Party Products”) or the Online Subscription Services may contain links to third party websites (“Third Party Sites”) and you agree that we can use your contact information, including name and address, for offering these products to you. If you decide to use any Third Party

Products or access any Third-Party Sites, you are responsible for reviewing the third party’s separate product terms, website terms and privacy policies. You agree that FeetPort is by no means liable or responsible for Third Party Product’s performance and the content on their websites.

5.4 Communications choices

FeetPort may be required by law to send you communications about the Online Subscription Services or Third Party Products. You agree that these communications may be sent to you via email or by posting them on any of our sponsored websites. If you late r decide that you do not want to receive future Communications electronically, you may intimate us or accordingly change the options to review your communications choices.

5.5 You will track your passwords and accept updates

The service subscriber is responsible for securely managing your password(s) for access to the Online Subscription Services. If you’re aware of any unauthorized access to your account, theft or loss of your password, you agree to contact us as soon as possible. We may periodically update the Online Subscription Services with tools, utilities, improvements, third party applications, or genera l updates to improve and enhance the features and performance of the Online Subscription Services. You agree to receive these updates automatically as part of the Online Subscription Services.

6. Confidentiality, Warranties, & Disclaimers

6.1 Confidentiality

FeetPort and the service subscriber shall treat the terms and conditions as confidential and shall not disclose them to any third party except in the furtherance of the parties’ mutual business relationship with both parties.

6.2 Limited warranty

FeetPort warrants that the Online Subscription Services and Client Software will conform substantially to the description of them contained in the applicable FeetPort user documentation. No oral or written information or advice given by FeetPort, its dealers, distributors, agents or employees shall create a warranty or in any way increase the scope of ANY warranty PROVIDED HEREIN. This limited warranty is subject to the following limitations:
1. Applies only during the Term, including any renewals (“Warranty Period”);
2. Any implied warranties, guarantees or conditions not able to be disclaimed as a matter of law will last only during the Warranty Period;
3. Does not cover problems caused by accident, abuse or use of the Online Subscription Services in a manner inconsistent with this agreement or the Online Subscription Services Use Rights, or resulting from events beyond FeetPort’s reasonable control.
4. Does not apply to problems caused by the failure to meet minimum system requirements; and
5. Does not apply to downtime or other interruption in access to the Online Subscription Services, or any other performance metrics that are addressed in an applicable SLA.

7. Limitation of liability & Indemnity

Except as otherwise provided in this Section, to the extent permitted by applicable law, the liability of FeetPort and of FeetPort’s contractors to the service subscriber arising under this agreement is limited to direct damages only. And it is further mutually agreed that in no event shall the same exceed the amount/s paid by the service subscriber to FeetPort for the Online Subscription Service and/or Client Software giving rise to that liability during the: (1) Term or (2) twelve (12) months prior to the filing of the claim, whichever is less.

Offensive Material Policy

Since in most instances the users can upload the content without any interference (by FeetPort) in good faith. Hence no claim as to the identity/ labelling of the material so accessible is feasible. User/s are welcome to intimate the FeetPort web administrator in the event of coming across any material in their opinion is offensive and not in conformation with our policy or generally accepted norms. On receiving such information FeetPort in its discretion would enquire into the same and take appropriate action.
Acknowledging the above values, beliefs, and sensitivities FeetPort has decided in the interest of all to implement the Offensive Material Policy which while recognizing the freedom of expression and an open environment for sharing information that are valued, encouraged, supported, and protected by law seeks to ensure that users refrain from displaying any material that may be perceived to be offensive to other users. The policy of FeetPort entails reservations on:

1. Information that is incompatible with the objective of this site whereupon such publication of the same could unwittingly expose offensive material by the deliberate and knowing acts of individuals to others either related directly or indirectly.
2. Illegal material, such as child pornography, from any source will not be tolerated or further distributed within the site. If reports or complaints regarding possible illegal material are received, FeetPort must be contacted immediately by user/s for determination as to the material’s legality and affirmative action.
3. Offensive material that include, but not be limited to material that is:
4. Sexually explicit;
5. Promoting crime or violence;
6. Promoting or criticizing religious beliefs;
7. Likely to incite racial tension;
8. Displaying the infliction of extreme violence or extreme cruelty of any sort or manner;
9. Not consistent with contemporary community standards; or
10. Is likely to be perceived as harassing, insightful or demeaning to persons of a sex, sexual preference, race, religion or ethnic background items that promote or glorify hatred, violence, racial or religious intolerance, or items that promote organizations with such views;

Last Updated on: 21/11/2016